United States v. Antonio Aguilar-Lopez

MEMORANDUM

Defendant Antonio Aguilar-Lopez appeals his convictions for Alien in the United States After Deportation, in violation of 8 U.S.C. § 1326 , and Manufacture of a Controlled Substance (Marijuana) and Aiding and Abetting, in violation of 21 U.S.C. § 841 (a)(1) and 18 U.S.C. § 2 . For the reasons stated below, we affirm.

1. A defendant in a § 1326 proceeding generally may not collaterally attack the state court criminal conviction that served as the basis for the defendant’s underlying deportation order. United States v. Gutierrez-Cervantez, 132 F.3d 460, 462 (9th Cir.1997) (citing Custis v. United States, 511 U.S. 485, 493-97 , 114 S.Ct. 1732 , 128 L.Ed.2d 517 (1994)). The exception, id., does not apply. The district court therefore did not err in denying Defendant’s motion to dismiss the indictment on that ground.

2. Pursuant to our general rule, we decline to review on direct appeal Defendant’s challenges to the effectiveness of defense counsel. See United States v. Jeronimo, 398 F.3d 1149, 1155 (9th Cir.2005) (citing United States v. McKenna, 327 F.3d 830, 845 (9th Cir.2003)) (stating that general rule), overruled on other grounds by United States v. Jacobo Castillo,…